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California further modifies short form Proposition 65 warnings in response to stakeholder comments

After reviewing stakeholder comments, California has further modified its proposed changes to Proposition 65 short form warnings. The most significant changes for stakeholders is allowing the use of the short form warning on product labels of any size, regardless of package size and shape, and modifying the date the regulation becomes operative to be two years rather than one year after the effective date. 

The proposed changes are outlined below:

  • The label size and package shape limitations on the use of the short-form warning were removed. This modification means that the short form can be used on product labels of any size, regardless of package size and shape.
  • The requirement that the font type size must be the same as the largest type size providing consumer information was removed. The existing provision requiring a minimum of 6-point type size when using short-form warnings remains unchanged.
  • The proposed amendments were modified to clarify the existing requirement “to render the warning likely to be seen, read, and understood by an ordinary individual under customary conditions of purchase or use”.
  • The language “exposes you to” has been changed to “can expose you to” and thus in this regard conforms with the general content language in the general consumer safe harbor warning.
  • The date that the regulation becomes operative has been extended to two years (previously one year) after the effective date. This allows additional time for business to implement changes to the short form. This is the same time period between the effective and operational dates as the 2016 major changes to the Article 6 safe harbor warning regulations.
  • Minor changes were made for consistency across sections, and to correct a typographical error in the regulatory text.

This State's notice initiates a public comment period beginning April 5, 2022, and will close on April 20, 2022.

This modification means that the short form can be used on product labels of any size, regardless of package size and shape.

Tags

esg, environment, california, product compliance, proposition 65, warnings, labelling, consumer products

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